IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080013018
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that Items 4a and b (Grade, Rate or Rank and Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 23 April 2008 be changed to read SGT (sergeant) and E05 instead of PFC (private first class) and E03.
2. The applicant states that as a result of the convening authority's action on his general court-martial his rank and pay grade were restored.
3. The applicant provides, in support of his application, copies of his
DD Form 214 and Headquarters, U.S. Army Air Defense Artillery Center and
Fort Bliss, Fort Bliss, Texas, General Court-Martial Order Number 10, dated
5 May 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he initially enlisted in the Regular Army on 25 January 2001 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He extended his enlistment for 15 months on 1 December 2003, and on 24 February 2005 he reenlisted for a period of 3 years.
2. The applicant's DA Form 2166-8 (NCO [noncommissioned officer]) Evaluation Report) for the period from March 2005 to May 2005 shows his rank as sergeant and his date of rank as 1 March 2005.
3. The applicant's DA Form 2166-8 for the period from 1 June 2005 to 31 May 2006 shows his rank as sergeant and his date of rank as 1 March 2005.
4. On 22 June 2007, before a general court-martial, the applicant pled not guilty and was found not guilty of violation of Articles 107 and 123a of the Uniform Code of Military Justice (UCMJ). He further pled not guilty but was found guilty of violation of Articles 81 and 121 of the UCMJ. His sentence consisted of
60 days confinement and reduction to private first class/pay grade E03.
5. On 23 April 2008, the applicant was released from active duty by reason of his completion of his required active service. He had completed 7 years of active service that was characterized as honorable. Item 4a of his DD Form 214 contains the entry "PFC," Item 4b contains the entry "E03," and Item 12h (Effective Date of Pay Grade) contains the entry "2005 03 01" (1 March 2005).
6. On 5 May 2008, the convening authority disapproved the findings and the sentence of the applicant's general court-martial. The convening authority dismissed the charges and their specifications and directed that all rights, privileges, and property of which the accused had been deprived by virtue of the findings and sentence disapproved be restored.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the rank and pay grade on his DD Form 214 should read SGT and E05.
2. The applicant's general court-martial sentenced him to a reduction to PFC. The convening authority disapproved the findings and sentence of the applicant's general court-martial. However, this action was not completed until after the applicant's release from active duty due to his completion of service.
3. Therefore, the applicant is entitled to the restoration of his rank of sergeant/ pay grade E05 with his original date of rank of 1 March 2005 and is entitled to any back pay and allowances that may be due as a result of the convening authority's action.
4. In view of the above, it is appropriate to amend the applicant's DD Form 214 to show his rank as SGT and his pay grade as E05 with an effective date of rank 1 March 2005.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's rank and pay grade was restored to SGT/pay grade E05 with an effective date of rank of 1 March 2005.
2. The Board further determined the applicant's DD Form 214 should be amended by entering "SGT" in Item 4a and "E05" in Item 4b.
________XXX______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080013018
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013018
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021323.
The applicant requests correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant (SGT)/E-5. The applicant provides: * Headquarters, 82nd Airborne Division, Special Court-Martial Order (SPCMO) Number 2 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The evidence shows the applicant's rank was reduced from SGT/E-5 to SPC/E-4 on 5 April 2012 for misconduct (special court-martial).
ARMY | BCMR | CY2014 | 20140005339
Army Regulation 600-8-22 (Military Awards) states that requests for retroactive awards of the AGCM for Soldiers who were discharged after 1 October 2002 should be submitted to the U.S. Army Human Resources Command (HRC). It states the commander with promotion authority may restore the rank/pay grade and promote the individual one pay grade higher than the pay grade held before reduction. In this case, the evidence of record shows the applicant was restored to the rank/grade of SGT/E-5.
ARMY | BCMR | CY2010 | 20100015976
IN THE CASE OF: BOARD DATE: 12 January 2011 DOCKET NUMBER: AR20100015976 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides copies of his DD Form 214 and promotion orders in support of this request. His DD Form 214 rendered for the period 21 June 2005 through 14 January 2008 shows he was honorably discharged due to disability with entitlement to severance pay and contains the following pertinent information: * item 4a (Grade, Rate or Rank) shows "SGT" * item 4b (Pay...
ARMY | DRB | CY2008 | AR20080007953
Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: Change block 4a and block 4b to...
ARMY | BCMR | CY2013 | 20130008727
The applicant requests correction of his record to show he was promoted to the rank/grade of sergeant (SGT)/E-5 prior to placement on the Temporary Disability Retired List (TDRL). The applicant provides: * DA Form 2339 (Application for Voluntary Retirement) * Enlisted Record Brief (ERB) * a memorandum, subject: Grade Determination Request (applicant's name), dated 5 November 2012 * 2 pages of a Recommended List for Promotion of Enlisted Personnel, as of 5 October 2012 * DD Form 214WS...
ARMY | BCMR | CY2011 | 20110007890
BOARD DATE: 10 November 2011 DOCKET NUMBER: AR20110007890 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4. Therefore, it would be appropriate at this time to correct his DD Form 214 to properly show his rank/grade as SPC/E-4 with a date of rank of 29 March 2007.
ARMY | BCMR | CY2008 | 20080008564
IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080008564 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) with effective date of 30 May 2006. The applicant provides his DD Form 214 and a page from his Integrated Personnel Electronic Records Management (iPERMS) record.
ARMY | BCMR | CY2010 | 20100009438
Records show the applicant was promoted to SGT effective 1 October 2005. The applicant's separation orders consistently show his rank as SGT and that he was placed on Retired List in the grade of rank of SGT/E-5. A thorough review of the applicant's military service records shows that his DD Form 214 is the only document that shows the rank/pay grade of SSG/E-6.
ARMY | BCMR | CY2012 | 20120020216
Application for correction of military records (with supporting documents provided, if any). His records are void of documentation that shows: * a DA Form 3349 (Physical Profile) identifying the physical limitations imposed on him after he was wounded in Iraq * he attended and completed WLC * he was repeatedly denied attendance at WLC * he appeared before a semi-centralized promotion board (usually conducted at battalion level) * a board recommended him for promotion to the rank/grade of...
ARMY | BCMR | CY2012 | 20120021057
The applicant requests correction of items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show sergeant (SGT)/E-5. The applicant provides: * promotion orders * Certificate of Promotion * leave and earnings statement (LES) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. His promotion orders showing he was promoted to SGT effective 1 September 2012 and his September 2012 LES showing his pay grade as E-5 are accepted as...